Edward G. Rahll & Sons, Inc. v. Zach et al

Filing 33

ORDER re: preliminary injunction 19 & contempt hearing held this date - It is hereby ORDERED that: 1. Defts may purge their contempt by supplying docs in Para 2 of prelim inj 19 to pltf's cnsl.... by 1/18/08. ; 2. Paras 1, 3 & 4 of prelim in j 19 are STAYED to extent they require defts to satisfy outstanding financial obligations subject to Shawn Zach's bankruptcy proceedings.; 3. Upon receipt of docs id'd in Para 1 of this order pltf's cnsl shall file notice certifying that defts have discharged obligations created hereunder... (See order for complete details.) Signed by Honorable Christopher C. Conner on 11/10/08. (ki)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

EDWARD G. RAHLL & SONS, INC., Plaintiff

v. SHAWN ZACH and KIM ZACH, d/b/a ZACH'S PRODUCE Defendants

: : : : : : : : : : :

CIVIL ACTION NO. 1:08-CV-1384 (Judge Conner)

ORDER AND NOW, this 10th day of November, 2008, upon consideration of the proceedings held on October 23, 2008, during which the court held defendants in civil contempt for failure to comply with the preliminary injunction (Doc. 19) requiring defendants to discharge the debt owed to plaintiff and to provide plaintiff with copies of their business records, and upon further consideration of the contempt hearing held on the date of this order, and of the bankruptcy petition filed by defendant Shawn Zach on November 7, 2008, see (Doc. 1) in In re Shawn Zach, No. 1:08-BK-4160 (Bankr. M.D. Pa.), and the court concluding that the bankruptcy petition imposes an automatic stay on the debt collection proceedings in the abovecaptioned matter, see 11 U.S.C. § 362(a)(1), it is hereby ORDERED that: 1. Defendants may purge their contempt by supplying copies of the business records identified in Paragraph 2 of the preliminary injunction (Doc. 19) to plaintiff's counsel at: McCarron & Diess, 4900 Massachusetts Avenue, N.W., Suite 310, Washington, DC, 20016, c/o Maria C. Simon. Defendants shall consult with their bankruptcy counsel and accountants to ensure that business records in the possession of these individuals are produced to plaintiff's counsel.

Defendants shall complete production on or before November 18, 2008. Failure to complete production may subject defendants to further contempt sanctions. 2. Paragraphs 1, 3, and 4 of the preliminary injunction (Doc. 19) are STAYED to the extent that they require defendants to satisfy outstanding financial obligations subject to Shawn Zach's bankruptcy proceedings. See 11 U.S.C. § 362(a)(1). Upon receipt of the documents identified in Paragraph 1 of this order, plaintiff's counsel shall file a notice certifying that defendants have discharged their obligations created hereunder. The court will issue an order purging defendants of their contempt upon receipt of this certificate.

3.

S/ Christopher C. Conner CHRISTOPHER C. CONNER United States District Judge